KOHIMA, NOVEMBER 4 (MExN): The Nagaland Voluntary Consumers’ Organisation (NVCO) on Monday submitted representation to the Government of India’s Interlocutor for Naga Peace Talks & Governor of Nagaland, RN Ravi to strengthen Article 371 (A) of the Indian Constitution and restore the July 26, 2010 resolution of the Nagaland State Legislative Assembly in respect of “ownership and transfer of land and its resources” including mineral oil.
According to a press statement issued by NVCO president Kezhokhoto Savi placed on record that the Article 371 (A) is a special provision with respect to the State of Nagaland which was inserted in Part XXI of the Constitution of India.
The Article stated that No Act of Parliament in respect of religious or social practices of the Nagas, Naga customary law and procedure, administration of civil and criminal justice involving decisions according to the customary law, ownership and transfer of land and its resources shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution to decides.
In accordance with Article 371 (A) of the Constitution of India, the NVCO reminded that Nagaland State Legislative Assembly on July 26, 2010 passed a resolution that in respect of “ownership and transfer of land and its resources” including mineral oil, no Act of Parliament shall apply to the State of Nagaland, which shall make appropriate Rules to apply and enforce within the State.
In this regard, Ministry of Law and Justice, Government of India is also of the opinion that the term “land and its resources” in Article 371 9(A) would include mineral oil and their resources and the State of Nagaland would have the power to frame its own laws regarding ownership and transfer of such land and resources under Article 371A, the NVCO claimed.
However in direct opposition, the Ministry of Home Affairs, Government of India, had issued an Office Memorandum on May 23, 2013 wherein it stated that (quote), “Article 371A (a) does not confer legislative power to the Legislative Assembly of Nagaland on regulation and development of mineral oil. The power to make law in respect of subject covered under List-1 of the Seventh Schedule of the Constitution, including entry 53 of List-1 rests with the Parliament. Therefore, the resolution passed by the Nagaland Legislative Assembly is unconstitutional and invalid” (unquote).
The NVCO stated that the 16 Point Agreement was unanimously adopted by the representatives of 16(Sixteen) Naga tribes in the 3rd Naga Peoples’ Convention(NPC) held in Mokokchung town from October 22-26, 1959, which was placed before the prime Minister of India is a matter of Naga historical and political record.
It however observed that the 1960 Agreement and Article 371A is slowly fading and practically eroding by arbitrary dictates of the Government of India.
Terming it unfortunate that the Government of India is overriding and destroying the so called special provision Article 371 (A) at every turn on its own motion unilaterally, the NVCO considered it the right time for the Interlocutor and also Governor of Nagaland, RN Ravi to take this issue with the GoI on a war footing to the extent that no Act of Parliament shall apply the State of Nagaland and the term “land and its resources” in Article 371 (A) would include mineral oil and their resources.
